“Nauru & PNG invalid”: legal opinion to ERC

posted by Dominic Ofner | 315sc
September 05, 2011

In response to last week's decision from the High Court, to disallow the deportation of asylum seekers to Malaysia, the Edmund Rice Centre sought expert legal opinion as to the effect of the ruling on possible deportations under Section 198A of the Migration Act to Nauru or to Papua New Guinea.

The opinion on the matter* confirms that last week's High Court ruling is likely to render invalid, the option for the Government to remove asylum seekers from Australia to Nauru or Papua New Guinea under section 198A of the Migration Act.

A copy of the advice (9 pages) - is attached and is available - together with this release - from the website of the Edmund Rice Centre – http://www.erc.org.au . The advice was provided by Stephen Estcourt QC, a senior barrister with extensive experience in migration law.

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We acknowledge the Aboriginal and Torres Strait Islander Peoples of Australia as the traditional owners and custodians of the land. We commit ourselves to actively work alongside them for reconciliation and justice. We pay our respects to the Elders; past, present and future. As we take our next step we remember the first footsteps taken on this sacred land.